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Mens rea needs to be proved by prosecution from offence to offence.

If it is a common law offence, mens rea is found out by relevant precedent (DPP v Morgan [1976] AC 182).

Where the offence is in legislation, the requisite mens rea is found by interpreting the intention of the legislation.

Mens Rea in the Indian Penal Code 1860 sets out the definition of offences, the general conditions of liability, the conditions of exemptions from liability and punishments for the respective offences.

This was one of several factors that led to the development of the Model Penal Code.

The point of the changes was to replace Latin with plain English.

Legislatures had not used the common law doctrine of mens rea in defining these crimes.

However, they preferred to import it by using different terms indicating the required evil intent or mens rea as an essence of a particular offence.

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